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EU design owners get enforcement boost

Simon Crompton, London

An opinion from the Advocate General of the EU Court of Justice today provides one more small boost to Community designs, saying that owners should not have to prove a similar design invalid before infringement proceedings

The referred questions came from the Spanish court in Alicante, concerning the case Celaya Emparanza y Galdos Internacional v Proyectos Integrales de Balizamientos.

At issue was whether it is a defence to design infringement to have your own, (presumably similar)...

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